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3 <br /> STATE OF NORTH CAROLINA PERFORMANCE AGREEMENT <br /> COUNTY OF ORANGE <br /> This Agreement is made and entered into by and between the "Town of Chapel Hill", herein <br /> "Town", and the Chapel Hill/Orange County Visitors Bureau,501 West Franklin Street, Suite 104, <br /> Chapel Hill, NC 27516, herein "Contractor" for services hereinafter described for the Town of <br /> Chapel Hill. <br /> WITNES SETH <br /> That for and in consideration of the mutual promises and conditions set forth below,the Town <br /> and Contractor agree: <br /> WHEREAS, Contractor agrees to provide a comprehensive visitor services program targeted <br /> toward providing services to potential visitors to Chapel Hill and Orange County; and <br /> WHEREAS,the Contractor shall use Town funds for general operational support and to provide <br /> visitor services; and <br /> WHEREAS, it is in the interest of the Town that said program be assisted by the Town and <br /> thereby be available to the residents and visitors of the Town; <br /> NOW, THEREFORE, in consideration of the above and the mutual covenants and conditions <br /> hereinafter set forth,the Town and Contractor agree as follows: <br /> 1. Duties of the Contractor: The Contractor agrees to perform those duties described in the <br /> Work Statement of this Agreement attached hereto and incorporated herein by reference. <br /> 2. Duties of the Town: The Town appropriated the sum of Two Hundred Thousand Dollars <br /> ($200,000) to the Contractor for the fiscal year 2016-2017. The Town will also pay the <br /> Contractor 50% of any additional revenues collected in the event that hotel/motel <br /> occupancy receipts exceed the budgeted amount of$1,000,000 during the Town's fiscal <br /> year 2016-2017. The Town does not obligate itself to provide any other support to <br /> Contractor this fiscal year or in succeeding years. <br /> 3. Fee Schedule and Maximum Sum: Contract amount not to exceed$200,000,unless Town <br /> occupancy receipts exceed $1,000,000 (See paragraph 1). Payments of$50,000 each will <br /> be made on or after the following dates: July 1, 2016; October 1, 2016; January 1, 2017; <br /> and April 1, 2017. The Town's obligation to make each payment is contingent upon <br /> receiving satisfactory documentation and accounting of expenditures as detailed in the <br /> attached Work Statement. <br /> 4. Work Statement: Contractor agrees to provide those services described in the Work <br /> Statement attached hereto and incorporated herein by reference,to residents and visitors of <br /> Chapel Hill and to maintain a high level of professionalism in the provision of these <br /> services. <br /> Small Service Agreement Revised 5/2016 Page 1 of 5 <br />